Legal Challenges Surround Execution Protocol for Tennessee Inmate with Heart Device

In Tennessee, the upcoming execution of death row inmate Byron Black has sparked significant legal controversy, particularly concerning his implanted cardioverter-defibrillator. Scheduled for lethal injection on August 5, Black’s attorneys fear that his device, which is designed to correct irregular heartbeats, could deliver shocks during the execution process. The state, however, contends that Black would not experience any shocks if they were triggered.

The debate intensified when a judge ordered the deactivation of Black's device shortly before the execution; officials expressed that fulfilling this order would necessitate a risky transfer to a Nashville hospital, approximately seven miles from the Riverbend Maximum Security Institution. They argued this journey could lead to potential chaos and turmoil from protests and security threats. Kelley Henry, Black's attorney, countered these assertions, stating the state provided no evidence supporting the alleged security risks and claimed that it was the state's actions that publicized the transport details.

Following a recent court hearing, the judge modified the execution order, mandating the deactivation occur the morning of the execution rather than immediately before. Henry emphasized the need for the deactivation at that precise time to prevent any risk of executing Black prematurely should a last-minute reprieve arise. The state's legal position insists that the original ruling overstepped judicial authority, ultimately painting the necessary hospital transport as a significant risk to various stakeholders, including staff and the public.

In discussing Black's character and situation, Henry portrayed him as a non-threatening, frail 69-year-old with a history of good behavior, thereby dismissing the state’s claims about potential disorder during his transport. This case is further complicated by Black’s conviction for the 1988 murders of his former girlfriend and her two daughters, acts he committed while on work release for another crime.

Black's legal team also argues that his cognitive impairments, stemming from prenatal alcohol exposure and childhood lead poisoning, affect his competence for execution. Recently, they appealed to Governor Bill Lee, asking for clemency and proposing a commutation to life imprisonment. Tennessee currently has 46 inmates on death row and has granted clemency only three times. The matter remains contentious as legal battles over the state's execution protocols continue.